thank you very much for joining us this hour, it's good to have you here. tomorrow night we're are going to be doing a full blown election coverage for the elections that are happening tomorrow, in new jersey and virginia and across the country it is trusting racist. so, if you have plans have plan tomorrow, new jersey and virginia and across the country. if you have plans to have your usual tuesday night bopping around doing other stuff, it will be an important election coverage night tomorrow. in march of this year two men were left on death row in the state of virginia, just two. the last time a person was sentenced to death was a decade ago, 2011. the last time they carried out an execution, prison staff legally kill one of their prisoners was four years ago but in this year, march of this year, there were two men left on death row in that state, an both of them this year had their

sentences commuted to life without parole. they will spend the eternity of their natural lives behind bars. they got life without parole, but theirth sentences were commuted from death to life.bu that's because virginia this year became the 23rd state in the country to formally abolish the death penalty. 23rd state in the country. the first state in the south to do so. virginia has a singular history when it comes to killing s prisoners. virginia's history goes way, way back. the first execution was in the colonies in jamestown, virginia, in 1608, virginia as a colony and then as a state, and then as a commonwealth, state, virginia has killed more of its prisoners

than any other state in the country. but just this year they decided they would never do that again. abolished the death penalty. virginia also passed new legal protections for voting rights, leading the nation in some ways in terms of voting rights.s the past couple of years virginia also raised teachers pz salaries in the past couple of years. they also expanded pre-kindergarten for little kids in the state. they also packaged a popular and enforcement gun reforms, stuff like requiring a background check for gun sales everywhere, not just those that happened at gun stores. virginia within the last couple ouars provided new protections o in law for abortion rights in ia the state and for women to be ape to access contraception. virginia passed a whole slate of justice reforms, including legalizing pot.

virginia also expanded medicaid, which means more than 500,000 people in virginia who didn't have health care before now have it. half a million. they just got half a million people health snurngs all people whoop didn't have health insurae before. wow, virginia, you've been reason. the reason is in 2019, democrats won control of the legislature in the house and the senate for the first time in 25 years. they also have a democratic governor. they worked on health insurance and protecting voting rights and sending people to jail for pot, all of the stuff they can do something about when they hold e power. democrats have been in power in virginia for the past couple years. there are 100 seats in the house of delegates in virginia.

of those, democrats hold 55 of those. that's their majority. every single one of those seats in up tomorrow. if you do the math on that, that means if the republicans are able to slip six seats in the legislature from blue to red, republicans will take back control after democrats just had control for two years. republicans are hoping to stop all of it and presumably roll it back and then some. the vast majority of republican candidates running for legislative seats in virginia, the vast majority are way over on the trump side of the number line. many are running on saying the 2020 election was stolen and they want an audit. that trumpiness seems to be giving democrats a little comfort in terms of their

chances tomorrow. who knows. virginia is notorious for swinging back in the opposite direction against whichever party won the presidency the previous year. that means theoretically democratset have an uphill batt tomorrow in virginia and republicans should have a better time. but trump did lose to biden by 10%. the trumpier running are trying to flip the ledge lay dur. tomorrow new york city is going to elect a new mayor. mayor bill de blasio is out. eric adams is heavily favored to win. the republican candidate, curtis sliwa, has made headlines for

having a lot of cats. i mean a lot of cats. and, b, he got hit by a cow. he got hit by a taxi cab. he's fine. lots of cats and getting run over by a cow, i mean that's impressive headlines. it's hard to piece that into a win in a deep blue democratic city. boston will get a new mayor tomorrow as well. that will be an interesting race to watch unfold. a the great american city of atlanta will get a new mayor as of tomorrow -- well, as of this month. in atlanta, it's 14 candidates on the ballot all running against mayor keisha lance bottoms. she's decided not to run.

but it will be hard for any of them to get 50% of the vote. when you have 14 people on the ballot, nobody gets that slice.v if there isn't a 50% winner, there will be a runoff on november 30. i the great american city of buffalo ist getting a new mayo tomorrow -- maybe. buffalo has a four-term incumbent democratic mayor, byron brown. fascinatingly he was beaten back in june in the democratic primary, beaten by primary candidate india walton. miss walton, beating the incumbent mayor in a primary gives her the advantage of her being on ther ballot instead o him, butst he decided to run fo re-election anyway. so now he is a write-in candidate trying to hold onto his seat. if you are looking for a parallel for this situation,

it's lisa murkowski. remember? the alaska senator back in 2010. she was the incumbent and lost the rupp primary in alaska, but then she came back in the general election and hung on to her seat as a write-in. she did it in 2010. that was the first time in more than half a century that a u.s. senator was elected in a write-in candidacy. that is what the mayor is tryint to pull off tomorrow. we shall see. new jersey has a race tomorrow. new jersey generally doesn't like to re-elect its governors. all of the modern time governors have been single governors. but the governor there right now, phil murphy, the polls show they may make an exception in this case. they may want him to stick around. i will note this election in new jersey, again, between phil

murphy and republican challenger named jack ciattarelli, because this is a governor in new jersey, the best ad of the whole election is an ad that makes fun ciattarelli because they don't know him but because of his lack of swearing. nobody knows who he is, nobody recognizing him or how to pronounce his name, but they are equally against him for cursing. there are no swear words in the ad.e there is a lot of bleeping. i am telling you this in case you are watching with your 6-year-old and that wouldn't be awesome. here is your chance to be liyo distracting for 30 seconds. okay? here it goes. >> do you know who this guy is? >> no clue.

>> now. >> huh huh. >> that's jack ciattarelli. he once led an effort to ban swearing. >> [ bleep ]. >> this is new jersey. we can't left that [ bleep ] win. we can't let that [ bleep ] win. >> we even extended the bleeps to make it more bleepy, but, still, only in new jersey. love you, new jersey. new jersey and virginia are the only two states that schedule their governor races every year for the year after a presidential election. just a quirk of how they schedule things. that means there's a lot of attention to those two governors races because they're the only two in the country. t nobody is expecting the guy who wanted to ban swearing to win in new jersey.

that means the key race tomorrow is the virginia race and that deserves attention. the control there is a huge deal, having democrats lead both houses of the legislature while they've been holding governorship has been huge for the past years. it is the house of delegates. for the house and state ho legislature where every seat it up. the senate isn't up tomorrow. that's in 2023. if democrats want to hold onto unified governments, they can do the same thing. they need to hold onto the house of delegates and the governorship. that governor's race is turning out to be a nailbiter.

some of the dynamics are at play. trump lost to biden in virginia by more than 10 points. then the republicans picked a candidate to run who is endorsed by trump and for months didn't say whether biden actually won the election against trump. trump is doing a telerally for republican glenn youngkin tonight in georgia. g trump sent out a number of statements about how much he loves youngkin. they have already released a statement they expect the election to be stolen, the democrats arele stealing it. that lays the groundwork for the republican to reconsider the results. if youngkin loses, it's the trumpiest thing of all. youngkin supporters were said to

pledge allegiance to a flag that they said had been flown at the january 6th capitol insurrection. there are a lot of ways that the untrumpiness of virginia cuts against the strategy of republicans having gone with a really trumpy candidate for seat and for governor. that said, the polls show that republicans win the year after a presidential. some polls show terry mcauliffe running behind youngkin. since then some polls show terry mcauliffe runs behind the republican-endonsed candidate glenn youngkin.

election day is tomorrow. we will be here until the wee hours. i am nervous about that. we will all be together, fine.er even though i am supposed to let him prime and sleep, going through this data, i found myself unable to resist calling steve kornacki. joining us now from his apartment, blessingly, because he will be in front of that darned screen all day long tomorrow is steve kornacki. i don't know if this is beauty sleep time or cram time, but thank you for letting me interrupt. >> i appreciate you accommodating me. i know this is not the most

professional of backdrops. but i'm happy to do it. >> this is what cable news looks like. first, tell me about, as an election watcher, appreciating the importance of what is going to happen, in terms of the governor's race and in terms of the legislature. r what do you expect the dynamics to be in terms of how this is going to roll out? is this one of those things where you expect the democrats to have done a lot of the early voting and so the early counting will done first and it will look blue early in the day and red late never the night? t is it going to be that kind of dynamic? >> i think it will be a mix. the typical pattern in virginia is that the republican areas, rural areas are the quickest to count and you typically see republicans in virginia getting sizeable leads in the runninge tally. in fact, if you look back t

last year in 2020 when biden won the state by ten points, it wasn't that close.en biden didn't lead the tally until about 11:45 eastern time on election night in 2020. that's because so much of that democratic vote is concentrated just outside washington, d.c. the biggest of the counties, fairfax county where biden got 70% of the vote, they didn't report until 3:00 a.m. eastern. that is the reason.co t that said, when you talk to the county election administrators in virginia, there's some reason to believe t it's going to play out differently this year. most notably, fairfax county, there are technical reasons how the state has asked the counties toty compile the vote this year. but when you talk to them, at least a goodhe chunk of that vo,

early vote, absentee vote, is something they can get out within minutes of polls closing at 7:00 p.m.ng some thing they can get it out relatively quickly. others talk about it may be late at night. but fairfax county, in 2020 it was extremely late relative to other counties.x this year they are sending signals it could be extremely early. >> steve, obviously turnout has got a lot of variables that play into it, both because this is ai off-year election, but it is a statewide election in virginia, and we've had so much change in terms of the way people vote, both what ways people have available to vote but their preferred ways of voting. we saw those in 2020 and they will carry forward into 2021. is there a coherent way to look at the patterns that administrators are seeing at the county level to know whether or

not this is likely to be a high turnout event? >> the number and volume of mail ballots, of in-person early votes that have been cast, it's less than 2020. that doesn't surprise anybody. it was historic in 2020 and substantially more than the last governor's race in 2017. back then the rules weren't as expansive as they are now in terms of availability. it's a little tricky in virginia to know what to compare it to. the kind of benchmark i'm using in my mind is are they going to run at about two-thirds of the total turnout of the 2020 election? that would be about 3 million votes. will this get significantly north of 3 million votes or fall short, a lower turnout election. so 3 million is the benchmark i have set in my head.

>> in terms of key locations, key demographics, you talked about places to watch, not necessarily bellwethers but places where it's going to be determine aive to, both in terms of the governor's race and legislative turnouts, i am thinking about black turnout and black democratic turnout has been the answer to everything in terms of democratic ab competitiveness in states like virginia and others. white voters in the suburbs turning out to be swing voters, but black voters and enthusiasm is as much of the story as inrsu anything. do we have anything to watch for, and do you agree that is a key metric? a >> virginia is about 18 to 20% black. that's what i think the election

rats expect it to be. the closer to 20, the better news for democrats. the more it drops off per democrat, youf are not getting turnout row are hoping for. tomorrow night we will look at it county by county. the shift in virginia, over theg last two decades and over the last five years to get biden up there with that double-digit lead, it really is, there's just a large number of white voters with college degrees, particularly outside washington, d.c., particularly outside of richmond, and you've seen just some of massive, massive shifts here over the last couple of elections in these counties. loudoun county, which obviously has been in the new as lot, in the metro washington, d.c., area, more than 400,000 people there, this is a county back in

2012, mitt romney only lost to barack obama by about four points. fast forward, biden carries it by about 25 points. there has been massive movement. these are areas with a lots of sort of racial diversity, a large asian-american population, latino population as well. but p it's also that demographi we talked about. there's an abundance of white voters with college degrees especially in richmond, virginia. i think that's what powered biden winning by ten. >> nbc news national correspondent steve kornacki allowing me to crash in on his sleep time. thank you for doing this and making time. >> i'm always happy to talk elections. i'll see you tomorrow. >> i'll see you tomorrow, steve. again, we're going to have full election coverage tomorrowo

night, looking at the key races in the virginia governor's race, we have key races in a number of important u.s. cities. we have ballot measures that are going to do-to-be sfr interesting in terms of policy and partisanship. it is a more interesting off-year election year than usual this year, and i'm looking more forward to it than usual. still ahead tonight, the supreme court heard oral arguments on a case it went wayh out of its way for.on they have not moved this fast to hear a case since bush v gore. the arguments were live ar streamed, electric, at times infuriating. we have that story and expert help to figure it out, next. t. do you take aspirin? plain aspirin could be hurting your stomach. new vazalore is the first liquid-filled aspirin

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in september, two months ago today the united states supreme court allowed the state of texas to enact a new state law that effectively banned abortion. row v wade is supposed to block any state from doing that. the supreme court let texas's ban go into effect anyway. today on an expedited schedule the supreme court heard oral arguments. the focus for the argument is

how texas wrote the law to evade the protections of roe versus wade. officials who work for the state of texas aren't enforcing it. instead it is enforced by individual private citizens in the country who bring lawsuits, who are allowed to bring lawsuits against anyone who provides a woman an abortion in texas or helps her get one. today the state of texas amounts in court. there were arguments that this should be thrown out. texas's reasoning was that because of this vigilante clause makes it so that no federal court can be allowed to challenge this. a federal court can block officials who work from a state from doing something, but they can't stop private occipital extends who have been newly

empowered to enforce something as vigilantes on behalf of the state. the supreme court admitted as far as texas is concerned, this type approach need not be limited to laws banning abortion. any law written with this kind of vigilante enforcement mechanism would also not be allowed to be challenged in federal court. justin sotomayor tested that. justice elena kagan followed up on it. i pulled this piece of the elena kagan back and forth with the texas solicitor general. i think it is instruction active, almost explanatory to hear justice kagan become exasperated by this line of argument. she has to basically back up after he tries to move on and go, wait, wait, wait, wait, wait, did you just say what i think you said?

is that really what you're saying? listen. >> i guess i would like to take you back to the other case and ask you to answer the question that you said you wanted to avoid for justice sotomayor. >> i'm sorry, your honor. i thought i agreed it doesn't depend on the nature of the right being asserted and also that none of the -- we could sort of race the potential sanction as high as possible, and that wouldn't affect federal court availability. i'm sorry. i thought i answered that. but to make my answer especially clear. >> thank you. >> i guess i need to back up. if we said that, we would live in a different world. essentially we would be inviting states, all 50 of them, with respect to their preferred unconstitutional rights to try to nullify the law that this

court has laid down as to the content of those rights. i mean that was something that until this law came along, no state dreamed of doing. and essentially we would be like inviting -- you know, we're open for business. you're open for business. there's -- there's nothing the supreme court can do about it. guns, same-sex marriage, religious rights, whatever you don't like, go ahead. by the way, this seems pretty extremis hypothetical actually, you know. >> that's just -- >> that's not a hypothetical. that's an actually. >> that's just not true.

>> respectfully there's a difference to extinguish a right and say the state has codified this state's holding and also it's caused some diminution of the exercise of that right. >> how dare you say we've extinguished completely your right. we've simply put it through some diminution. if only women who know they're pregnant and can get to an abortion provider and go through the rigmarole in only six weeks, it's some diminution of the right. but justice kagan on not allowing this law to go forward, right? she says, you know what? you may think this is a constitutional right, but in texas, in our state, any person

can sue you so that you're not able to access that right, and, therefore, your constitutional right is sort of subject to the whims of anybody who might want to sue you to stop you from exercising it, and, no, that shouldn't be a constitutional right to get an abortion. it should be a constitutional right to anything, basically saying anything -- what justice kagan is pointing out is any state would get the green light to pass their own texas-style laws that would allow them to prevent people from exercising not just their constitutional right to abortion, but anything, guns, same-sex marriage, religious rights, whatever. go ahead. what about if a different state wanted to pay somebody a million dollar bounty to bring a lawsuit against someone who sold someone an ar-15? you couldn't under the constitution arguably ban an

ar-15, but you could make selling an ar-15 something for which you could be sued and pay a million dollar. is that cool? texas is like, yep, that's cue. it's astonishing. the court heard two challenges, the first from a clinic that provides abortion, and the second was argued by the brand new solicitor general of the united states. elizabeth preliger. and because the justice department went second, she had the benefit of having the last word today as the justices consider both of these challenges to texas's ban. they're asking the court to allow the challenge to go forward, to ignore texas's claim, you know, that having vigilante, random individuals to

be involved. >> step back and think about the startling implications of texas's argument here that across the arguments this morning texas's position is that no one can sue, not the women whose rights are most directly affected, not the providers who have been chilled and being able to provide the women with care, and not the united states in this suit. if that is true t state can take this simple mechanism of takes its enforcement authority and giving it to the general public backed one a bounty of $10,000 or $1 million, if they can do that, no constitutional right is safe, no constitution is safe. that would be intolerable and that can't be the law. our constitutional guarantees cannot be that fragile.

so we would ask this court to hold that the united states can proceed with this action and affirm the preliminary injunction. >> thank you, counsel. the case is submitted. >> the case is is up mitted. if they can do this, no constitutional right is safe. that would be an intolerable state of affairs. our constitutional guarantees cannot be that fragile. she was sworn in as solicitor general on friday. this was her day at work at the supreme court today. joining us now is our friend, dolly oh lithwick. she's the host of a podcast. dahlia, it's great to see you

here. >> it's great to be here. >> as somebody who knows these cases and the expectations of the arguments like the back of their hand, i just wanted to hear from you today. p it's amazing. what did you think? >> first offer i wanted to point out that that summation that you just played by the brand-new solicitor general really ticked offrks boom, boom, boom, the wa she peeled off three of the conservative justices today. she mentioned a million dollars, the bounty that is $10,000. it was chief justice roberts who said what firefighters a million, would that change things. then she ticked off gun owners, can you go after them?

that was brett kavanaugh's concern. then she went to amy coney barrett's concern which is people cannot effectuate their rights in texas state courts if this law is about to stand. so she just absolutely masterfully, i think -- it was a magisterial kind of palling in all of the doubts of the three justices. she really only needed two of them, but i think what you saw and heard right there was her being so attuned to the weak spot and then saying come sit by me, justice kavanaugh, come sit by me, justice barrett. i think we can break down this law. it was really a tour deforce. >> what do you make of the fact that this was heard so quickly by the justices? does that tell us anything about how they are inclined? why do you think they made the

decision that they would hear this so quickly? i mean, a ten-day turnaround in terms of oral arguments, that's just unheard of. >> i have been calling the law a shadow dog law that goes into effect in september being a totally unnecessary self ownby the conservatives on the court. they know that jackson, the case that will be argued december 1 could have been the vehicle, why do it in this sloppy way that allowed texas to singlehandedly overturn roe. i think you saw a huge outcry about the shadow docket, how this happened at midnight with a paragraph unsigned order that women -- people were suffering in texas. and the polling around the court that cratered after this. the court saying maybe we should have heard this.

maybe this should have been argued and briefed and we should have treated this as though it it was like, hmm, maybe we should have heard this and treated it as a serious constitutional problem. yes, it was a very short turnaround. the court really calendared this with ten days to get it briefed and argued as you said. we haven't seen that since bush v gore. nothing has changed except the court looks dumb for making texas look weak and frail. that's why i think two months after the court said, we'd better hear this as though it was serious because it's kind of serious. >> do you think the quick turnaround in terms of hearing it means we will have a quick

ruling? >> i think so. and this is not a decision on the merit. this goes to nothing that has to do with whether roe and casey are good law. that's coming. but to save face, the court can say to not look stupid, we will get to the merits of roe very, very soon. >> dahlia lithwick, host of their am was podcast. dahlia, it's faef tock have you here. thank you so much. >> thanks, rachel. >> we've got so much more ahead tonight. stay with us. so much more ahea tonight. stay with us

turns out deb's constipation with belly pain was actually ibs-c giving her grief. so she talked to her doctor because she wanted more relief. that's when she said yess to adding linzess. linzess is not a laxative. it helps you have more frequent and complete bowel movements. and is proven to help relieve overall abdominal symptoms-belly pain, discomfort, and bloating. do not give linzess to children less than six and it should not be given to children six to less than 18, it may harm them. do not take linzess if you have a bowel blockage. get immediate help if you develop unusual

or severe stomach pain, especially with bloody or black stools. the most common side effect is diarrhea, sometimes severe. if it's severe, stop taking linzess and call your doctor right away. other side effects include gas, stomach area pain, and swelling. could your story also be about ibs-c? talk to your doctor and say yess to linzess. we have known for a while that former president donald trump has been trying to prevent the investigation into the attack on january 6th from getting access to his white house records, but until now we did not know what he was trying to keep from that investigation.

keep from that investigation. now we know, newly, that it turns out it is a lot he is trying to keep from that investigation, and it sounds like it's crazy town stuff. this is something we learned this weekend in a late night court filing from the national archives, which is in charge of all of the records including from the trump administration. there was a late night filing after midnight about what trump is trying to keep secret and away from that investigation. there are three different things it taught us. first of all, it is the amount of stuff, like 1600 pages of records that the archives have so far identified as being relevant and responsive to the committee's investigation and request for documents. trump is claiming that nearly half of then should be shielded by executive privileges including his daily schedule, call logs in and around january

6th, speech drafts from him, correspondence, handwritten notes about the events of that day. he said it is all shielded by privilege. to be clear, the current president said none of that is covered by executive privilege. that should all be handed over to the committee. that's the second thing to know. the archives themselves, the national archives and records administration, they tear apart trump's claims that this stuff should be kept secret. trump said it is only the sitting president who gets to decide what is covered by executive privilege. biden has already said it is not covered by privilege. and -- so, number one, trump is asking for a ton of stuff to be kept

secret, number two, he's saying it should be kept secret on the basis of privilege, and everybody involved is like, yeah, dude, you don't get to say that, and even if you did, we'd still say no. but here's the third thing we learned this week. in this court filing the national archives describes some of the specific records donald trump is trying to keep ridden, not just the logs and things i said, but also there's this, quote, a document containing presidential findings concerning the security of the 2020 election after it occurred and ordering various actions. sorry? what were these presidential findings about the security of the election, and what actions was trump prepared to order on the basis of those presidential findings? did he try that? what were his findings? did he try to order something in response to him finding out about the election security in

2020? what? also there's this. a quote, draft executive order concerning election integrity, trump drafted an executive order about election integrity in 2020? seemed like it would be important for the january 6 committee to have in their investigation. we are going to need to know what kind of executive order concerning election integrity the white house had drafted, let alone his presidential findings and actions in response to them that he had apparently written up and now wants to be kept secret. as far as i know, we had never known what those were and i am going to be interested to find out what there will. there's going to be a hearing thursday before a federal judge on trump's lawsuit to try to block all this stuff from coming out.

they're going to release this next week unless the court ordered them not to. watch this space. ourt ordered them not to. watch this space

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here's what you might call a red flag for investors. i'm not offering financial advice here. i'm singularly unqualified to offer that kind of advice. if anyone tells you they've received any financial advice from me, run, and get back any money they owed you. as you might recall, within the last couple of weeks, the former president announced a new commercial venture that was seeking public investors, the trump media and technology group. this newly announced venture said it would include a social media platform called truth social, and with the announcement of the new venture, they invited everyone to download the new app. within hours people found a test version online to be operable

and registered what appeared to be the official true donald trump account and had that account post a picture of a pig going to the bathroom, and pigs don't go to the bathroom. it was found it was also possible to find an official account named mike pence. it runs on completely open source software that literally anyone can download online to make their own networking site. things have not been off to a real gangbusters start. as forbes announced today, they're making unusual contingency plans in terms of how businesses are going to go in the years to come. what would usually be a fairly boilerplate filing with the securities and exchange commission, this public company who's going to acquire trump's new media company, they outlined what would happen if, quote a

material disruptive event were to occur in this new venture? quote, in order to maximize business continuity and to minimize, mitigate, or eliminate any negative impacts on the company from a material disruptive event, the company principal's owner ship shall be structured in such a way as to eliminate the need for restructuring of ownership were a material disruptive event to occur. quote, a material disruptive event means the occurrence of any of the following after the closing, 1, the company principal anunss that he is running for public office, or, two, the company principal is personally convicted of a felony criminal offense. i'm just saying, you know torque the extent there are red flags

visible from a mile or so, the company is preparing for anything. trump 2024, we factored that in. trump getting personally convicted on a felony in one of the investigations he's undergoing, we've baked that into the cake. read the fine print very, very carefully on trump's new ventures. we'll be right back. ventures we'll be right back.

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tonight. i'll see you again tomorrow. i'll be on for special election coverage before the virginia polls close at 7:00 p.m. eastern. our special coverage starts at 5:00. i'll be there soon after. i'll be there until the cows don't want to come home anyway. i'll see you tomorrow night. "way too early" is up next. election day 2021, big races are being decided across the country from town halls to the governor's mansion. with so much riding on today's votes, the question is when are you heading to the ballot box. plus, president biden is still in europe wrapping up his foreign trip while trying to push his ideas for a climate plan, but with the u.s. still struggling over fossil fuels, the question is can america have it both ways. >> and joe manchin pumps the brakes on the infrastructure bill. he's ready